[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1316 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1316

 To provide for the retention and future use of certain land in Point 
 Spencer, Alaska, to support the mission of the Coast Guard, to convey 
certain land in Point Spencer to the Bering Straits Native Corporation, 
to convey certain land in Point Spencer to the State of Alaska, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2015

 Ms. Murkowski introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for the retention and future use of certain land in Point 
 Spencer, Alaska, to support the mission of the Coast Guard, to convey 
certain land in Point Spencer to the Bering Straits Native Corporation, 
to convey certain land in Point Spencer to the State of Alaska, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Point Spencer Land Conveyance Act''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) Major shipping traffic is increasing through the Bering 
        Strait, the Bering and Chukchi Seas, and the Arctic Ocean and 
        will continue to increase whether or not development of the 
        outer Continental Shelf of the United States is undertaken in 
        the future and will increase further if such outer Continental 
        Shelf development is undertaken.
            (2) There is a compelling national, State, Alaska Native, 
        and private sector need for permanent infrastructure 
        development and for a presence in the Arctic region of Alaska 
        by appropriate agencies of the Federal Government, particularly 
        in proximity to the Bering Strait, to support and facilitate 
        search and rescue, shipping safety, economic development, oil 
        spill prevention and response, protection of Alaska Native 
        archaeological and cultural resources, port of refuge, Arctic 
        research, and maritime law enforcement on the Bering Sea, the 
        Chukchi Sea, and the Arctic Ocean.
            (3) The United States owns a parcel of land, known as Point 
        Spencer, located between the Bering Strait and Port Clarence 
        and adjacent to some of the best potential deepwater port sites 
        on the coast of Alaska in the Arctic.
            (4) Prudent and effective use of Point Spencer may be best 
        achieved through marshaling the energy, resources, and 
        leadership of the public and private sectors.
            (5) It is in the national interest to develop 
        infrastructure at Point Spencer that would aid the Coast Guard 
        in performing its statutory duties and functions in the Arctic 
        on a more permanent basis and to allow for public and private 
        sector development of facilities and other infrastructure to 
        support purposes that are of benefit to the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Arctic.--The term ``Arctic'' has the meaning given that 
        term in section 112 of the Arctic Research and Policy Act of 
        1984 (15 U.S.C. 4111).
            (2) BSNC.--The term ``BSNC'' means the Bering Straits 
        Native Corporation authorized under section 7 of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1606).
            (3) Council.--The term ``Council'' means the Port 
        Coordination Advisory Council established under section 5(a).
            (4) Plan.--The term ``Plan'' means the Port Management 
        Coordination Plan developed under section 5(c).
            (5) Point spencer.--The term ``Point Spencer'' means the 
        land known as ``Point Spencer'' located between the Bering 
        Strait and Port Clarence and withdrawn by Public Land Order 
        2650 (published in the Federal Register on April 12, 1962), and 
        located in Townships 2, 3, and 4 South, Range 40 West, Kateel 
        River Meridian, Alaska.
            (6) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of the department in 
        which the Coast Guard is operating.
            (7) State.--The term ``State'' means the State of Alaska.
            (8) Tract.--The term ``Tract'' means Tract 1, Tract 2, 
        Tract 3, Tract 4, Tract 5, or Tract 6, as appropriate.
            (9) Tracts 1, 2, 3, 4, 5, and 6.--The terms ``Tract 1, 
        Tract 2, Tract 3, Tract 4, Tract 5, and Tract 6'' each mean the 
        land generally depicted as Tract 1, Tract 2, Tract 3, Tract 4, 
        Tract 5, or Tract 6, respectively, and generally depicted as 
        such Tract on the map entitled the ``Point Spencer Land 
        Retention and Conveyance Map'', dated January 2015, and on file 
        with the Department of Homeland Security and the Department of 
        the Interior.

SEC. 4. AUTHORITY TO CONVEY LAND IN POINT SPENCER.

    (a) Authority To Convey Tracts 1, 3, and 4.--The Secretary of the 
Interior shall convey, subject to valid existing rights, all right, 
title, and interest of the United States in and to the surface and 
subsurface estates of Tract 1, Tract 3, and Tract 4 in accordance with 
subsection (d) if the Secretary notifies the Secretary of the Interior 
that the Coast Guard no longer needs to retain jurisdiction over any 
portion of Tract 1, Tract 3, or Tract 4 and the requirements of 
subsection (f) are met for each such Tract to be conveyed.
    (b) Authority To Convey Tracts 2 and 5.--The Secretary of the 
Interior shall convey, subject to valid existing rights, all right, 
title, and interest of the United States in and to the surface and 
subsurface estates of Tract 2 and Tract 5 in accordance with subsection 
(d) if the requirements of subsection (f) are met for each such Tract 
to be conveyed.
    (c) Authority To Transfer Tract 6.--The Secretary of the Interior 
shall convey, subject to valid existing rights, all right, title, and 
interest of the United States in and to the surface and subsurface 
estates of Tract 6 in accordance with subsection (e) if the 
requirements of subsection (f) are met.
    (d) Order of Offer To Convey Tract 1, 2, 3, 4, or 5.--
            (1) Determination and offer.--
                    (A) Tract 1, 3, or 4.--If the Secretary makes the 
                determination under subsection (a) and the requirements 
                of subsection (f) are met for Tract 1, 3, or 4, or a 
                portion of such Tract, the Secretary of the Interior 
                shall offer such Tract or portion of such Tract for 
                conveyance to BSNC under the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1601 et seq.).
                    (B) Tract 2 or 5.--If the requirements of 
                subsection (f) are met for Tract 2 or Tract 5, the 
                Secretary of the Interior shall offer such Tract for 
                conveyance to BSNC under the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1601 et seq.).
            (2) Offer to bsnc.--
                    (A) Acceptance by bsnc.--If BSNC chooses to accept 
                an offer of conveyance of a Tract under paragraph (1), 
                the Secretary of the Interior shall consider such Tract 
                as within BSNC's entitlement under section 14(h)(8) of 
                the Alaska Native Claims Settlement Act (43 U.S.C. 
                1613(h)(8)) and shall convey such Tract to BSNC.
                    (B) Decline by bsnc.--If BSNC declines to accept an 
                offer of conveyance of a Tract under paragraph (1), the 
                Secretary of the Interior shall offer such Tract for 
                conveyance to the State under the Act of July 7, 1958 
                (commonly known as the ``Alaska Statehood Act'') (48 
                U.S.C. note prec. 21; Public Law 85-508).
            (3) Offer to state.--
                    (A) Acceptance by state.--If the State chooses to 
                accept an offer of conveyance of a Tract under 
                paragraph (2)(B), the Secretary of the Interior shall 
                consider such Tract as within the State's entitlement 
                under the Act of July 7, 1958 (commonly known as the 
                ``Alaska Statehood Act'') (48 U.S.C. note prec. 21; 
                Public Law 85-508) and shall convey such Tract to the 
                State.
                    (B) Decline by state.--If the State declines to 
                accept an offer of conveyance of a Tract offered under 
                paragraph (2)(B), such Tract shall be disposed of 
                pursuant to applicable public land laws.
    (e) Order of Offer To Convey Tract 6.--
            (1) Offer.--If the requirements under subsection (f) are 
        met for Tract 6, the Secretary of the Interior shall offer such 
        Tract for conveyance to the State.
            (2) Offer to state.--
                    (A) Acceptance by state.--If the State chooses to 
                accept an offer of conveyance of Tract 6 under 
                paragraph (1), the Secretary of the Interior shall 
                consider Tract 6 as within the State's entitlement 
                under the Act of July 7, 1958 (commonly known as the 
                ``Alaska Statehood Act'') (48 U.S.C. note prec. 21; 
                Public Law 85-508) and shall convey Tract 6 to the 
                State.
                    (B) Decline by state.--If the State declines to 
                accept an offer of conveyance of Tract 6 under 
                paragraph (1), the Secretary of the Interior shall 
                offer Tract 6 for conveyance to BSNC under the Alaska 
                Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
            (3) Offer to bsnc.--
                    (A) Acceptance by bsnc.--
                            (i) In general.--Subject to clause (ii), if 
                        BSNC chooses to accept an offer of conveyance 
                        of Tract 6 under paragraph (2)(B), the 
                        Secretary of the Interior shall consider Tract 
                        6 as within BSNC's entitlement under section 
                        14(h)(8) of the Alaska Native Claims Settlement 
                        Act (43 U.S.C. 1613(h)(8)) and shall convey 
                        Tract 6 to BSNC.
                            (ii) Lease by the state.--The conveyance of 
                        Tract 6 to BSNC shall be subject to BSNC 
                        negotiating a lease of Tract 6 to the State at 
                        no cost to the State, if the State requests 
                        such a lease.
                    (B) Decline by bsnc.--If BSNC declines to accept an 
                offer of conveyance of Tract 6 under paragraph (2)(B), 
                the Secretary of the Interior shall dispose of Tract 6 
                pursuant to the applicable public land laws.
    (f) Terms of Conveyance.--
            (1) Environmental compliance.--
                    (A) Tract 1, 2, 3, 4, 5, or 6.--
                            (i) In general.--The Secretary of the 
                        Interior shall not convey Tract 1, Tract 2, 
                        Tract 3, Tract 4, Tract 5, or Tract 6 under 
                        this section until--
                                    (I) the Secretary certifies that 
                                the applicable requirements under 
                                section 120(h) of the Comprehensive 
                                Environmental Response, Compensation, 
                                and Liability Act of 1980 (42 U.S.C. 
                                9620(h)) and other applicable 
                                environmental laws have been satisfied 
                                for land in such Tract; or
                                    (II) the Board of Directors of BSNC 
                                adopts and submits to the Secretary of 
                                the Interior a resolution stating that 
                                BSNC is willing to accept Tract 1, 
                                Tract 2, Tract 3, Tract 4, Tract 5, or 
                                Tract 6, as appropriate, ``as is'' at 
                                the time of such conveyance, based on 
                                known contamination.
                            (ii) As is.--In this subparagraph, the term 
                        ``as is'' means the physical condition of Tract 
                        1, Tract 2, Tract 3, Tract 4, Tract 5, or Tract 
                        6, as appropriate, at the time of the 
                        conveyance of such Tract, including with 
                        respect to any known contamination by hazardous 
                        materials or substances.
                    (B) Land to be conveyed to the state or bsnc.--
                            (i) Environmental compliance.--To the 
                        extent cleanup and remediation of hazardous 
                        substances on land in a Tract to be conveyed to 
                        the State or to BSNC are required by existing 
                        law, all environmental compliance activities 
                        pursuant to section 120(h) of the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability Act of 1980 (42 U.S.C. 9620(h)) and 
                        other applicable environmental laws shall be 
                        satisfied.
                            (ii) Monitoring of known contamination.--
                        Notwithstanding section 120(h) of the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 and 
                        other applicable environmental laws, any known 
                        contamination in a Tract to be conveyed that 
                        does not pose an immediate or long-term health 
                        or environmental risk may be routinely 
                        monitored and managed by the State or BSNC, as 
                        applicable, through institutional controls in 
                        accordance with the laws of the State.
                            (iii) Later found contamination.--If 
                        preexisting contamination from hazardous 
                        materials and substances are found to be 
                        present in a Tract after the date the Tract is 
                        conveyed to the State or BSNC, responsibility 
                        for cleanup and remediation of such 
                        contamination shall continue to be governed by 
                        section 120(h)(3) of the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability Act of 1980 (42 U.S.C. 9620(h)(3)), 
                        applicable provisions of chapter 19 of title 
                        14, United States Code, and applicable laws of 
                        the State.
                    (C) Land to be retained by the coast guard.--With 
                respect to land in Tract 1, Tract 3, or Tract 4 to be 
                retained by the Coast Guard, nothing in this section 
                may be construed to limit the obligation of the Coast 
                Guard to comply with applicable environmental law, 
                including section 120(h) of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9620(h)).
            (2) Airstrip use.--
                    (A) Use by coast guard.--All conveyances under this 
                section shall be subject to--
                            (i) an easement granting unlimited use of 
                        all existing and future landing pads, 
                        airstrips, runways, and taxiways that are 
                        located on such Tract conveyed, at no cost to 
                        the Coast Guard; and
                            (ii) the right to access such landing pads, 
                        airstrips, runways, and taxiways, at no cost to 
                        the Coast Guard.
                    (B) Use by state.--
                            (i) In general.--For any Tract conveyed to 
                        BSNC under this section, BSNC shall provide to 
                        the State, if requested and pursuant to 
                        negotiated terms with the State, for no 
                        compensation--
                                    (I) an easement over all existing 
                                and future airstrips, runways, and 
                                taxiways located on such Tract; and
                                    (II) a right of access to and from 
                                such airstrips, runways, and taxiways.
                            (ii) Right of access.--If the State 
                        requests a right of access for a road from the 
                        airstrip to the southern tip of Point Spencer, 
                        the location of such right of access shall be 
                        determined by the State, in consultation with 
                        the Secretary and BSNC, so that such access is 
                        compatible with other existing or planned 
                        infrastructure development at Point Spencer.
            (3) Relationship to public land order 2650.--
                    (A) Tracts not conveyed.--Any Tract that is not 
                conveyed under this section shall remain withdrawn 
                pursuant to Public Land Order 2650 (published in the 
                Federal Register on April 12, 1962).
                    (B) Tracts conveyed.--For any Tract conveyed under 
                this section, Public Land Order 2650 shall 
                automatically terminate upon issuance of a conveyance 
                document for such Tract.
            (4) Archeological and cultural resources.--Conveyance of 
        any Tract under this section shall not affect criminal 
        jurisdiction and responsibilities regarding the potential theft 
        or vandalism of archeological or cultural resources located in 
        or on such tracts.
            (5) Personal property.--
                    (A) Cash sales authorized.--The Secretary of 
                Homeland Security is authorized to make cash sales of 
                personal property that is located on Tract 4 to BSNC or 
                to the State.
                    (B) Value.--The total value of the personal 
                property referred to in subparagraph (A) shall be 
                deemed to be $5,580,000.
                    (C) Proceeds.--Pursuant to section 559 of the 
                Department of Homeland Security Appropriations Act, 
                2010 (Public Law 111-83), the proceeds from the sale of 
                the personal property referred to in subparagraph (A)--
                            (i) shall be deposited as offsetting 
                        collections into the Coast Guard Environmental 
                        Compliance and Restoration Account;
                            (ii) shall be available without further 
                        appropriation for environmental compliance and 
                        restoration activities associated with any 
                        tract conveyed or to be conveyed under this 
                        Act; and
                            (iii) shall remain available until 
                        expended.
                    (D) Unexpended balances.--If unexpended balances 
                remain in the Coast Guard Environmental Compliance and 
                Restoration Account after the completion of the 
                activities described in subparagraph (C)(ii), such 
                balances may be expended for any other environmental 
                compliance and restoration activities of the Coast 
                Guard.
    (g) Maps and Legal Descriptions.--
            (1) Preparation of maps and legal description.--As soon as 
        practicable after the date of the enactment of this Act, the 
        Secretary of the Interior shall prepare maps and legal 
        descriptions of Tract 1, Tract 2, Tract 3, Tract 4, Tract 5, 
        and Tract 6. In doing so, the Secretary of the Interior may use 
        metes and bounds legal descriptions based upon the official 
        survey plats of Point Spencer accepted on December 6, 1978.
            (2) Legal effect.--The maps and legal descriptions shall 
        have the same force and effect as if the maps and legal 
        descriptions were included in this Act, except that the 
        Secretary of the Interior may correct any clerical and 
        typographical errors in the maps and legal descriptions.
            (3) Availability.--Copies of the maps and legal 
        descriptions shall be available for public inspection in the 
        appropriate offices of--
                    (A) the Bureau of Land Management; and
                    (B) the United States Coast Guard.
            (4) Survey.--Not later than 5 years after the date of the 
        enactment of this Act, the Secretary of the Interior shall 
        survey Tracts conveyed and patent the Tracts in accordance with 
        the official plats of survey.
    (h) Public Access Easements.--No public access easements may be 
reserved to the United States under section 17(b) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1616(b)) with respect to the land 
conveyed under this Act.

SEC. 5. PORT COORDINATION ADVISORY COUNCIL FOR POINT SPENCER.

    (a) Establishment.--There is established the Port Coordination 
Advisory Council for the Port of Point Spencer.
    (b) Membership.--The Council shall consist of a representative 
appointed by each of the following:
            (1) The State.
            (2) BSNC.
    (c) Duties.--The duties of the Council are as follows:
            (1) To develop a Port Management Coordination Plan to help 
        coordinate infrastructure development and operations at the 
        Port of Point Spencer, that includes plans for--
                    (A) construction;
                    (B) funding eligibility;
                    (C) land use planning and development; and
                    (D) public interest use and access, emergency 
                preparedness, law enforcement, protection of Alaska 
                Native archaeological and cultural resources, and other 
                matters that are necessary for public and private 
                entities to function in proximity together in a remote 
                location.
            (2) Update the Plan annually for the first 5 years after 
        the date of the enactment of this Act and biennially 
        thereafter.
            (3) Facilitate coordination among stakeholders at Point 
        Spencer, including the Coast Guard, on the development and use 
        of the land and coastline as such development relates to 
        activities at the Port of Point Spencer.
            (4) Assess the need, benefits, efficacy, and desirability 
        of establishing in the future a port authority at Point Spencer 
        under State law and act upon that assessment, as appropriate, 
        including taking steps for the potential formation of such a 
        port authority.
    (d) Plan.--The Plan shall be developed and implemented by the 
Council in such a manner so as to facilitate and support, and not 
interfere with nor impede, the statutory missions, duties, and 
operations of the Coast Guard in the Arctic.
    (e) Costs.--Operations and management costs for airstrips, runways, 
and taxiways at Point Spencer shall be determined pursuant to 
provisions of the Plan, as negotiated by the Council.

SEC. 6. WAIVER.

    Section 229 of the Howard Coble Coast Guard and Maritime 
Transportation Act of 2014 (Public Law 113-281; 128 Stat. 3040) shall 
not be construed to prohibit any transfer or conveyance of lands under 
to this Act or any actions that involve the dismantling or disposal of 
infrastructure that supported the former LORAN system that are 
associated with the transfer or conveyance of lands under this Act.
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